Justice Musa Liman of the Federal High Court, Abuja, has declined hearing of a motion filed by Biafra nation agitator, Nnamdi Kanu, seeking an order to transfer him from the custody of the Department of State Services (DSS) to the National Hospital in Abuja for urgent medical attention.
The Judge declined hearing because his fiat to sit as a vacation judge ends today and therefore lacked jurisdiction to open such a new matter for hearing.
Justice Liman instead ordered that the case file be returned to the registry for the Chief Judge to reassign it to another judge.
At Monday’s proceedings, Asiwaju Adegboyega Awomolo SAN appeared for the Federal Government while Uchenna Njoku SAN stood for the leader of the proscribed Indigenous People of Biafra (IPOB).
When the matter was called, Kanu’s lawyer informed the judge that the motion by Kanu had been filed on September 1, while a counter affidavit of 37 paragraphs opposing the transfer request had been served on him by the government in open court.
The senior lawyer stated that he had not read the counter-affidavit, so he could not respond.
He therefore applied for an adjournment to enable him to respond to the counter affidavit, in view of the fact that the vacation of the judge had come to an end.
On his part, Awomolo SAN did not oppose the adjournment request. He stated that he would be ready to be in court anytime a new date is fixed.
In a brief ruling, Justice Liman ordered that the case file be returned to the Registry for the Chief Judge to reassign the matter to another Judge.
Justice Liman stated that he would make a recommendation to the Chief Judge for a speedy hearing of the motion, as the applicant’s health is involved.
Kanu had, in the motion with charge number FHC/ABJ/CR/383/2015, sought an order from the court for the DSS to transfer him from their custody to the National Hospital for urgent medical care.
Giving an 11-ground argument why their request should be granted, lead counsel to the applicant, Kanu Agabi SAN, stated that his client is presently standing trial before Justice James Omotosho, in charge of the case marked: FHC/ABJ/CR/383/2015.
He said Kanu, on May 19, filed an application praying the court to admit him to bail pending the hearing and determination of the terrorism charge.
The lawyer, however, stated that the application could not be heard before the court’s annual vacation, hence the continued detention.
According to him, while awaiting the resumption of court activities, the applicant’s health took a worrisome decline, necessitating the invitation of doctors for a thorough examination of the applicant.
“The examination revealed issues with his health, including organs such as his pancreas and liver, as well as an emerging lump underneath his armpit and dangerously low levels of potassium.
“The doctors have recommended that he be moved to the National Hospital as an interim measure to afford him medical attention and forestall further decline.
“The applicant’s health is seriously deteriorating, considering the nature of his confinement, thereby making more pressing the need to bring this application and have the same heard by a vacation judge,” Agabi said.
He alleged that a letter from the doctors to the Director-General of the DSS, advising the transfer of Kanu, had gone unanswered.
He said the urgency of the matter had, therefore, necessitated the filing of the application as a measure to arrest further decline of his health while spirited efforts are being expended to ensure his treatment.”
The senior lawyer stated that granting the application would not cause any injustice to the complainant (DSS).
Additionally, Agabi stated that the court “is imbued with jurisdiction to hear and grant the prayers sought in the application.”
Emmanuel Kanu, the younger brother of Nnamdi Kanu, in the affidavit he deposed to, averred that the IPOB leader recently complained of weakness and pains in his body.
He said this led to the invitation of doctors led by the Eminent Emeritus Professor Austin A.C. Agaji, who on September 1, 2025, at about 2:30 pm, informed him that several tests had been carried out on Kanu in August.
Emmanuel said the doctor told him, at Agabi’s law firm, that it was discovered that the IPOB leader was suffering from issues relating to his liver and kidney, as well as a dangerously low level of potassium.
“He was further diagnosed with a swelling around his armpit area, which requires urgent attention to ascertain the cause and thereafter to seek appropriate medical treatment,” he averred.
